Why will the victims of the Adamuz accident receive three times more compensation than those affected by the DANA storm?

MadridLast Friday, the president of the Valencian Generalitat, Juanfran Pérez Llorca, accused the Moncloa Palace (the Spanish Prime Minister's office) of treating the victims of the DANA storm as "second-class victims." His argument was that the victims of the Adamuz and Gelida train accidents would receive three times the compensation of those killed in the storm. "It's very sad and regrettable," he complained. But that's not the case. Shortly afterward, the Spanish government's delegate in the Valencian Community, Pilar Bernabé, criticized him for the "indignity" of equating two catastrophes that "are not comparable." Even the associations of victims of the DANA storm have had to step in to refute him. The crux of the matter is that the victims of both tragedies can receive direct, non-refundable aid from the Spanish government of 72,000 euros. In other words, they receive the same amount of public money. What differs is the insurance system linked to railway tragedies, which is paid for by the insurance companies. These amounts, although not paid by the State, will be advanced in the case of Adamuz by the Moncloa Palace to prevent them from arriving years later, as on other occasions.

Aid of 72,000 euros due to the DANA storm

In the first case, after the DANA storm, the Spanish government approved aid of 72,000 euros for those who died as a result of the storm. The mechanism was the updating of a decree that promoted José Luis Rodríguez Zapatero, in March 2005, proposed aid of 18,000 euros per death in cases of "emergency or catastrophic situations." At that time The amount has already increasedThe amount, which had been €12,000 since 1993, was also modified following the devastating floods of October 2024. The government made another change, eliminating some of the eligibility requirements for the aid. Specifically, it removed the requirement that adult children or parents—if there were no other beneficiaries—had to be "economically dependent" on the deceased to receive the aid. This requirement is no longer necessary.

This Wednesday, in a statement, the Association of Victims of the October 29, 2024 DANA Storm and the Association of Fatal Victims of the October 29 DANA Storm denounced the "deceptive comparison" made by the Valencian president: "We consider it especially serious and outrageous that he attempted to compare the criminal nature of an emergency with the victims of a train accident," they lamented. They made it clear that there has been no "discriminatory treatment" towards the storm victims: "Using that argument to justify the inaction of the Valencian Government is deeply irresponsible." Furthermore, they pointed out that the Valencian Government has still not provided any compensation to the families of the deceased.

Three times 72,000 euros

Because of the Adamuz and Gelida accidents, the Spanish government gave the green light Two types of aid could be provided simultaneously to victims of accidents. A total of twenty million euros will be allocated. The first is a direct, non-refundable grant for "damages suffered," which in the case of fatalities amounts to 72,121.46 euros. These are "immediate aid to the victims," ​​as defined by the Minister of Transport, Óscar Puente.

In addition, there is an "additional aid" – also of €72,121.46 – as an advance on the compensation corresponding to the civil liability insurance, which will be paid by the insurance companies of the party determined to be responsible for the accident. "The victims cannot wait years to receive financial support, as has happened in past accidents. Economic uncertainty cannot be added to the emotional pain," explained Óscar Puente. If the subsequent compensation ends up being less, the victims will not have to pay any difference, and if it is higher, they will receive the amount exceeding the initial aid. Consequently, later, the insurance companies will have to pay directly to the State. "Knowing that it takes a long time, an advance is made so that the victims do not have to wait for the bureaucratic process," Manuel Castellanos, president of Iva-RC and president of the civil liability and insurance section of the Madrid Bar Association, explained to ARA.

Finally, the same figure of 72,121.46 euros is earmarked for the compensation under the Compulsory Passenger Insurance, which It is regulated by a decree which Mariano Rajoy promoted in July 2014 regarding assistance to "victims of railway accidents and their families." At that time, months after the Angrois accident, the PP government doubled the figure that was in effect at the time. The Spanish government does not intervene in the matter of this insurance.